Opponents have vowed to mount a legal challenge should it become the law of North Dakota, while proponents say it is does not outright eliminate abortions.

"A woman's right to choose has not been found to be absolute, this is a matter of looking at the principles and how they weigh against each other," said Republican state Sen. Spencer Berry, who voted in favor of both bills. "With home pregnancy testing, many women discover they are pregnant very early on."

The ACLU called on Dalrymple to veto the bill.

"We urge the governor to veto this dangerous ban and to take this complex and deeply personal decision out of the hands of politicians, and put it back in the hands of a woman, her family and her doctor where it belongs," said Anthony D. Romero, executive director of the American Civil Liberties Union.

"...In America, no woman, no matter where she lives, should be denied the ability to make this deeply personal decision."

It also says a woman who undergoes an abortion where a fetal heartbeat has been detected may not be prosecuted for violating the law or conspiracy to violate the law.

The bill does not rule out abortions when a medical emergency threatens the life of a woman.

It does not, however, allow for an abortion in the case of rape or incest, said Democratic state Sen. Jim Dotzenrod, who voted against the bill.

"It was a very harsh anti-abortion bill basically saying no abortions under any circumstances except in the health of mother. I think that's very harsh and this one I could not vote for that," he said.

The bill, if it becomes law, also is likely to set up a U.S. Supreme Court challenge.

Abortion was legalized in all 50 states in 1973 by the U.S. Supreme Court. Statutory time limits on when abortions can take place, however, vary from state to state. Some states have no time limit, while others allow abortion up to the end of the second trimester, about 27 or 28 weeks into the pregnancy.

The other bill approved by the North Dakota legislature prohibits the procedure on the basis of genetic defects or gender selection. There are similar laws in other states.